[Federal Register Volume 70, Number 9 (Thursday, January 13, 2005)]
[Rules and Regulations]
[Pages 2355-2357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-657]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[COTP Western Alaska-04-003]
RIN 1625-AA00


Safety Zone; Bering Sea, Aleutian Islands, Unalaska Island, AK

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Bering Sea, west of and including Makushkin Bay, Unalaska Island, 
Alaska. The zone is needed to facilitate oil spill recovery operations 
related to the grounding of the merchant vessel (M/V) SELENDANG AYU, 
and to mitigate damage to the environment during oil spill recovery 
operations. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Commander, Seventeenth Coast 
Guard District, the Coast Guard Captain of the Port, Western Alaska, or 
their on-scene representative.

DATES: This rule is effective from December 11, 2004 through June 11, 
2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are available for inspection and copying at Coast Guard 
Marine Safety Office Anchorage, 510 ``L'' Street, Suite 100, Anchorage, 
AK 99501. Normal Office hours are 7:30 a.m. to 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Meredith Gillman, Marine Safety 
Office Anchorage, at (907) 271-6700.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Any delay

[[Page 2356]]

encountered in this regulation's effective date would be contrary to 
public interest because immediate action is needed to prevent 
unauthorized vessel traffic from hindering oil spill recovery 
operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The Safety Zone is being 
implemented in response to the unplanned grounding of the M/V SELENDANG 
AYU. Any delay encountered in this regulation's effective date would be 
unnecessary and contrary to public interest, since immediate action is 
needed to mitigate damage to the environment during oil spill recovery 
operations. The Coast Guard will terminate the zone when oil recovery 
operations are complete and the area adjacent to the grounded vessel is 
considered safe to vessel traffic.

Background and Purpose

    The M/V SELENDANG AYU ran aground at a position of 53.634[deg] N, 
167.125[deg] W on December 9, 2004. The vessel then broke in half and 
began discharging its fuel into the water. The safety zone is necessary 
to prevent unauthorized vessels from transiting through the oiled 
waters or otherwise impeding oil recovery operations.

Discussion of Rule

    The Unified Command, which is responding to the grounding of the M/
V Selendang Ayu, identified the likely oil trajectory based on the 
geography of the region, as well as possible wind and weather 
scenarios. The safety zone was established in the area that is likely 
to become oiled, and where subsequent oil recovery operations will be 
taking place. This area is defined by a point at the western tip of 
Cape Kovrizhka, Unalaska Island, located at 53[deg]51.0' N, 
167[deg]9.5' W, then west 10 nautical miles to a point located at 
53[deg]51.0' N, 167[deg]26' W, then south to the northern tip of Wedge 
Point, Unalaska Island, located at 53[deg]27' N, 167[deg]24' W. All 
coordinates reference Datum: NAD 1983.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential cost and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not significant under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will have a significant economic impact on 
a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in the area defined by a point at the western tip of Cape 
Kovrizhka, Unalaska Island, located at 53[deg]51.0' N, 167[deg]9.5' W, 
then west 10 nautical miles to a point located at 53[deg]51.0' N, 
167[deg]26' W, then south to the northern tip of Wedge Point, Unalaska 
Island, located at 53[deg]27' N, 167[deg]24' W.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. Vessel 
traffic transiting from the north to south side of Unalaska Island can 
pass safely around the safety zone. We will terminate the safety zone 
once oil recovery operations are complete and the area adjacent to the 
grounded vessel is considered safe for vessel traffic.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

[[Page 2357]]

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' will be available in the docket where 
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
For the reasons set out in the preamble, the Coast Guard amends 33 CFR 
part 165 as follows:

PART 165--[AMENDED]

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. chapter 701; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. From December 11, 2004 to June 11, 2005, add temporary Sec.  
165.T17-010 to read as follows:


Sec.  165.T17-010  Safety Zone; Bering Sea, Aleutian Islands, Unalaska 
Island, AK.

    (a) Description. The safety zone is defined by a point at the 
western tip of Cape Kovrizhka, Unalaska Island, located at 53[deg]51.0' 
N, 167[deg]9.5' W, then west 10 nautical miles to a point located at 
53[deg]51.0' N, 167[deg]26' W, then south to the northern tip of Wedge 
Point, Unalaska Island, located at 53[deg]27' N, 167[deg]24' W. All 
coordinates reference Datum: NAD 1983.
    (b) Enforcement period. The safety zones in this section will be 
enforced from December 11, 2004 through June 11, 2005.
    (c) Regulations. (1) The Captain of the Port and the Duty Officer 
at Marine Safety Office, Anchorage, Alaska can be contacted at 
telephone number (907) 271-6700.
    (2) The Captain of the Port may authorize and designate any Coast 
Guard commissioned, warrant, or petty officer to act on his behalf in 
enforcing the safety zone.
    (3) The general regulations governing safety zones contained in 
Sec.  165.23 apply. No person or vessel may enter or remain in this 
safety zone, with the exception of attending vessels, without first 
obtaining permission from the Captain of the Port or his on-scene 
representative

    Dated: December 21, 2004.
R.J. Morris,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 05-657 Filed 1-12-05; 8:45 am]
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